Terms

Terms of Service - FundMyCap

Welcome to FundMyCap
By using this website and the services provided on this website, you agree to the terms (the legally binding rules). You also agree to our Privacy Policy, Cookie Policy and any other rules that we provide on this site. These times of service are liable to change and when they do, we shall notify you by posting them on the site or by sending you an email. You continuing to work with the site once the terms have changed will mean you have agreed to the changed terms.

FundMyCap Services Explained:
Our services are provided as a platform and only allow an individual, entity or organization (Campaign organizer) post a Campaign on the FundMyCap platform to accept monetary donations from Donors. 
The Services we provide are purely administrative platforms. FundMyCap only facilitates the Campaign and permits Donors to make donations to the Campaign Organizers. FundMyCap only provides the technology to permit campaigners to connect with Donors. FundMyCap cannot control the information and or, the conduct exhibited by the user and hereby disowns all liability to the fullest extent permitted by applicable law in this regard. A Donor must make the final willpower as to the value and suitability of donating to any User, Campaign, or event. FundMyCap does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that FundMyCap shall not be responsible for the use of your donations, or the amount of funds raised for the User, Campaign, or event.

Access and Use of the Services:
Access to the services is free, no fees are required to set up an account however, there exists industry-standard processing fees. 
Registration, registration requirements, and care for your account
You can browse FundMyCap without registering for an account. However, in order to access certain features on our services, you may need to create an account, register an email address and create a password. If you choose to create the account, the information you give us has to be complete, accurate and current. You agree to keep the information current always. You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login if we detect any suspicious activity with your account. If you become aware of any unauthorized use of your account, notify us immediately on support@dolphinfund.org.

To sign up for an account, you need to be at least 18 years old. We will terminate the membership of any users who don’t meet the requirements and will work in good faith to remove any content they may have contributed to the FundMyCap Website. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors), with whom FundMyCap has entered into contracts, in order to be able to benefit from their services. 
If FundMyCap discovers that some of the information you provided for your Campaign is incorrect or violates any of these Terms of Service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. 

Creating and Donating to a Campaign.
The Campaign Organizer: As a registered user, you may use the FundMyCap Website to fundraise for a cause of your choosing. Your fundraiser may be created to support a Registered Charity, (a “Charity Fundraiser”), or you may choose to create a Personal Cause Fundraiser and receive funds through a designated merchant account service. As a Campaign Organizer, you agree that
(i)    All information you provide in connection with a Campaign or Beneficiary is accurate, complete. 
(ii)    All Donations contributed to your Campaign will be used solely as described in the materials that you post. 
(iii)    Donations believed to belong to a beneficiary, once withdrawn should be spent on the beneficiary or as the beneficiary decides.
(iv)    If you add a Beneficiary through the Services, the Beneficiary takes control and is responsible for issuing funds.
(v)     You will not invade the rights of others.
(vi)    You will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project; 

The Donor:
It is your responsibility to understand how your money will be used before you make the Donations and all Donations you make are at your own risk. We do not verify the information supplied by our users and therefore cannot promise the Donations will used as the user stated in their Campaign. FundMyCap is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We however take cases of Fraud seriously, in case you have a reason to believe the Donations are being used in a way they are not supposed to be, report the user.
i.    You are not permitted as a Donor, to dictate or enforce boundaries how the Donations are used by the Campaigner (Event or Charity). They will have full control on how the funds collected will be used.
ii.    FundMyCap takes no responsibility for fees incurred in the Donation process including Payment Processor Fees and any tax requirements
iii.    FundMyCap shall require Donors provide with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. FundMyCap is not responsible, and shall not be liable, for any Charity’s use of any Donor information.

Public Display of user Information.
Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. We therefore urge you to think carefully about including any specific information you may deem as you interact with FundMyCap Services.

Promotions on the FundMyCap Platform: 
You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the FundMyCap Services.

What you should not do.
•    Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
•    Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
•    Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of FundMyCap’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
•    Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
•    Don’t abuse other users’ personal information. Do not to harvest, collect or publish personally identifiable information of others 
•    Do not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks FundMyCap uses to provide the Services.
•    Do not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means.
•    Do not use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services.

Campaign Organizers, Beneficiaries or Charities.
FundMyCap Reserves the Right to Withhold Funds. FundMyCap strives to make your funds promptly, however, campaign owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, FundMyCap may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by FundMyCap in its sole discretion). FundMyCap may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
FundMyCap isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. 

INTELLECTUAL PROPERTY RIGHTS
Your Intellectual Property:
Your User Content remains your property. When you submit User Content to the Site or via the Services, you agree to the following terms:
•    We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
•    When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
•    You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant FundMyCap all the license rights outlined here).
•    Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on FundMyCap’s hosting of that Content.
•    You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If FundMyCap or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
•    You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
•    We’re not responsible for mistakes in your content. FundMyCap will not be liable for any errors or omissions in any content.

Our Intellectual Property: 
FundMyCap’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.